CHAPTER 3

POLICIES AND GUIDANCE

Department of Defense (DoD) and Navy policies, instructions and guidance exist to assist you with your duties as an MC. This chapter will briefly touch on the most common of these. More-detailed information can be found on the DoD Issuances and DoN Issuances websites as well as on P-A Net (link?).

LEARNING OBJECTIVES: Upon completion of this chapter, you should be able to do the following:

Identify the instructions that govern DoD and Navy public affairs.

Identify the procedure for releasing information to the public.

Identify the basic provisions of the Freedom of Information Act.

Explain copyright laws.

Public Affairs Governing Instructions

DoD Instruction 5400.13 (Public Affairs Operations) – This instruction addresses PA roles and responsibilities across DoD, including the secretaries of the military departments, Office of the Chairman of the Joint Chiefs of Staff, combatant commanders and the heads of the other DoD cComponents.

Joint Publication 3-61 (Joint Public Affairs Doctrine) – This PA publication provides joint doctrine for public affairs support during joint operations and U.S. military support to news media in conjunction with military operations. It provides guidance to the joint force commander (JFC) when communicating with national, international and internal audiences.

SECNAVINST 5720.44 (Public Affairs Policy and Regulations) – Known as the PA Regs, this instruction provides basic policy and regulations for carrying out public information/media relations, community relations and internal information for the Department of the Navy. As an MC, this should be your primary resource and should be referenced whenever questions about Navy public affairs arise.

Public Affairs Tactics Manual - The PA Tactics Manual is a “how-to” partner to the PA Regs, SECNAVINST 5720.44. The “Regs,” in general, is the “what-to-do” and “what-not-to-do” complement to this partnership. Used in tandem, these documents address most public affairs issues you and your PAO will face. Referring to them frequently is a wise tactic.

OPNAVINST 3104.1A (Navy Visual Information Policy and Responsibilities) - The NAVIP includes information on forms of visual or pictorial representation, either with or without sound. Visual Information (VI) includes still and motion imagery; hand or computer-generated graphic art and animations; related captions, overlays and intellectual control data; and the processes and resources that support them. Module 2 of this manual focuses on VI and provides more in-depth information into this instruction.

Public Affairs Guidance (PAG) – PAG’s overarching purpose is to ensure message alignment. It is tailored to specific events, subjects or issues and contains themes and messages, possible questions and proposed answers, and background information. As an MC, you should use PAG in the development of all your products, to include print stories, photo captions and multimedia productions.

P-A Net - This community of practice is CHINFO’s integrated suite of knowledge management, workflow processes and collaboration tools. P-A Net gives us the opportunity to share information across the entire enterprise. Since P-A Net is web-based, it can be accessed from any computer with Internet connectivity. Access to P-A Net can be obtained through CHINFO’s policy, doctrine and technology division. However, prior to requesting access, you must be registered with up-to-date information in the Navy PA Directory.

The Associated Press Stylebook and Briefing on Media Law. The AP Stylebook is the “gold standard of news writing” and allows you to write with the consistency and professionalism of civilian news writers throughout the world. The reference book is updated annually. Not only does it offer more than 3,000 A-to-Z entries, but also rules on grammar, spelling, punctuation, capitalization, abbreviation, and word and numeral usage. Additionally, as the name implies, the AP Stylebook provides guidance on business reporting, sports reporting and media law, to include libel and copyright infringement. Such legal concerns will be further discussed in the media law portion of this chapter.

The above-mentioned ese references are the foundation for Navy public affairs. However, many more additional documents are in place to assist with our jobs as Navy PA/VI specialists. Various instructions and directives are interwoven into this manual.

Guidelines for Release

Understanding the basic policy on the release of information is the cornerstone of everything we do in Navy public affairs. It affects what information we release to the public, how we handle the media, what we publish and how we respond to the public in general. Remember, DoD and Navy public affairs policies mandate us to be as open as possible and release information with minimum delay.

However, not all information can be released, and not everyone can release it. CAs discussed in Chapter 2, command leadership is responsible for all command public affairs activities; however, release authority is often delegated to the public affairs officer. Although as an MC you will most likely NOT have release authority, it is imperative that you understand the guidelines for release.

A good rule of thumb is that the release authority of a commander is the same level of authority in other military matters. The PA Regs will help you determine your commander’s release authority. When in doubt consult with your PAO.

The general limitations to the maximum disclosure policy can be easily remembered by the acronym SAPP, which stands for security, accuracy, propriety and policy and propriety.

• Security – Security is the first and most important limitation. It refers to information that is formally classified or falls under operational security (OPSEC) or the Essential Elements of Friendly Information (EEFI). Release of this type of information could cause harm to national security. OPSEC and EEFI guidance can be found in OPNAVINST 3432.1 (Operations Security).

• Accuracy – The second most important limitation is accuracy. As an MC writing a story, taking a photo or producing a multimedia production, you won’t normally be the subject-matter expert. However, your job requires you to verify all information for accuracy before the product is released. You must never release information unless you are sure it is accurate. Inaccurate writing wrecks one’s credibility.

• Propriety – Ensuring propriety means ensuring verifying all released products are in good taste. For example, if you write news or a a feature story, it is inappropriate to include tasteless humor, embarrassing comments, etc. Propriety also applies to photographs. Don’t release photographs that may cause distress to family members. An obvious example is a photograph of a dead service member. If ever in doubt, ask your chief or supervisor.

• Policy – Policies often specify release guidance. For example, DoD policy calls for releasing at the seat of government the names of personnel killed in action. Here are some examples of a DoD policy that must be followed:

Accidents and Incidents – According to DoD Directive 5230.16, Nuclear Accident and Incident Public Affairs Guidance, responses to all public queries about the locations of nuclear weapons must include one of the following statements, as appropriate:

● “It is U.S. policy to neither confirm nor deny the presence or absence of nuclear weapons at any general or specific location.”

● “It is general U.S. policy not to deploy nuclear weapons aboard surface ships, tactical submarines and naval aircraft. However, we do not discuss the presence or absence of nuclear weapons aboard specific platforms.”

In the event of a significant accident or incident, it is imperative the information is made available to the public using the maximum disclosure, minimum delay guideline and not be held pending inquiry. The goal is to release the information within one hour of the time the command is notified. However, releases should not be distributed before the situational or operational reports (SITREPS and

OPREPS) have been sent. Doing so can unduly influence an investigation and inadvertently drive the crisis.

Personal Information – Information released on military and civilian personnel is governed by the Privacy Act of 1974 and SECNAVINST 5211.5E (Department of the Navy Privacy Program). Generally, the following personal information is releasable and not considered an invasion of personal privacy:

For civilian employees:

● Name

● Present and past grades

● Present and past salaries

● Present and past duty stations

● Office or duty telephone number(s)

For military service members:

● Name

● Rank and date of rank

● Gross salary

● Present and past duty stations

● Future assignments that are officially established

● Office or duty telephone number(s)

● Source of commission

● Promotion sequence number

● Awards and decorations

● Attendance at professional military schools

● Duty status at any given time (active, reserve)

While this information is releasable on a case-by-case basis, blanket requests seeking information on a group of individuals or records should be considered with the help of a Privacy Act expert. If ever in doubt, talk to your chain of command.

The Freedom of Information Act (FOIA) – In 1966, FOIA gave the public the right to access records of the executive branch of the federal government, establishing for the first time in U.S. history the right of “any person” to seek access to these records. FOIA requests often center on the programs and activities of the DoD, including, but not limited to, the following:

Projected retirees

Deck logs

Investigations

Contracts

Nuclear weapons

Disposal of toxic substances

The FOIA generally provides access to U.S. government records that result from the gathering of data. While many records qualify for release under FOIA, some records that do not include …

Objects or articles (such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles and equipment)

Administrative tools (such as computer software)

Intangible records (such as an individual’s memory or oral communication)

Personal records not subject to agency creation/retention (such as notes to jog the memory of an employee)

Unaltered publications and processed documents available to the public through other means (such as regulations, maps and manuals)

FOIA requests must be responded to within 10 working days. However, you may make a written formal time extension request back to the requester of up to 10 additional working days. This letter must be approved and signed by higher authority and include the reason for which an extension is required. The letter must also indicate that the requester may make an appeal to the appropriate appellate authority within 60 calendar days.

More information regarding FOIA can be found in the Department of the Navy FOIA program instruction (SECNAVINST 5720.42f) and in Chapter 7 of the PA Regs.

Website Policy – The management and oversight of all content on a publicly accessible Navy command website is a public affairs function. The instruction governing official command websites is SECNAV Instruction 5720.47B, entitled Department of the Navy Policy for Content of Publicly Accessible World Wide Web Sites.

The need to provide public information to the Navy’s various audiences must be balanced with the need to protect operational security, privacy of information, information security

and personal safety. The appearance, accuracy, currency and relevance of the information presented by Navy commands on their websites reflect on the Navy’s professional standards and credibility.

Guidance on the management of social media sites will be discussed later in this chapter.

Media Law – As you have learned in this chapter, nearly everything you do as an MC is governed by policies and directives. Yet, in addition to our military regulations, your products are also governed by federal and state laws, which include communications law.

The Constitution’s First Amendment states Congress will make no laws abridging the freedom of the press. To the grief of many a publisher and reporter, the First Amendment does not give reporters and editors a free license to print whatever they please.

Free speech and free press, as guaranteed by the Constitution, have two sides: on one side, the right to use them; on the other, the duty not to abuse them. When the news media abuses its right to a free press, they commit an age-old offense known as libel — the defamation of a person’s reputation. (This doesn’t make sense and is not necessarily true)

Because your job is to tell the Navy’s story, you should become acquainted with the dangers of defamation. The next few paragraphs provide information on what you should guard against when releasing material to the news media or publishing it in internal publications. This should acquaint you with the right of privacy and some of the laws of copyright.

What is “defamation?” Defamation is communication that tends to expose people to “hatred, ridicule or contempt.” It is usually a lie that can damage a person’s reputation. There are two types of defamation: slander and libel.

● Slander is oral defamation.

● Libel is to defame someone in writing and is considered more serious by courts than slander because it is:

a) Intentional - Libelous statements that pass through the editorial process.

b) Widespread - Through its publication or broadcast, it is usually seen or heard by more people.

c) Permanent - You can usually acquire copies of the defamation from information storage systems.

Libel poses problems for mass communication specialists, because there are no federal libel laws, only state laws. This means what is libelous and how it will be punished is different in each state. In

most states, libel is a civil offense. That is, it results in monetary damages instead of jail time. Staff judge advocates can assist you in understanding local libel laws.

The five things a successful libel plaintiff must prove in order to prevail on a claim of defamation are:

1. A defamatory statement was made.

2. The defamatory statement is a matter of fact, not opinion.

3. The defamatory statement is false.

4. The defamatory statement is about (“of and concerning”) the plaintiff.

5. The defamatory statement was published with the requisite degree of “fault.”

In addition to proving defamation, people who voluntarily place themselves in the public eye must also prove the defendant acted with actual malice, meaning those responsible knew it was false or published it with reckless disregard of whether it was true or false. There are two types of people this applies to, public officials and public figures:

Public officials are people elected to public office or government employees responsible for policy-making, public funds, health or safety. Off-duty actions may also be held to actual malice standards, because citizens consider a person’s total character when viewing officials. This is important information for you to know as an MC because our military commanders are considered public officials.

Public figures are persons of widespread fame or notoriety or people who have injected themselves into the debate about a controversial issue for the purpose of affecting the outcome.

Additional information on media law can be found in the latest version of the Associated Press Stylebook and Briefing on Media Law.

Privacy Rights – While the right to privacy is not specifically stated in the Constitution like freedom of speech, it is one of our most cherished rights. In 1890, future Supreme Court Justice Louis Brandeis said in the Harvard Law Review that privacy is “the right to be left alone — the most comprehensive of rights and the right most valued by civilized man.” This was expanded in the Privacy Act of 1974 to the right to control information about oneself.

MCs must be careful not to violate a person’s privacy. Privacy can be violated by disclosure of private facts, if the facts are offensive to a reasonable person and are NOT newsworthy.

More information regarding the Privacy Act of 1974 can be found in SECNAVINST 5211.5E Privacy Act and/or http://privacy.navy.mil/

Copyright laws -- Copyright is the right of an author, composer, artist, photographer, etc., to own, control and/or profit from the production of his or her work. Copyrighted material may not be republished without consent of the copyright owner, who is not always the author. Facts, historical events and titles cannot be copyrighted.

Generally, copyrights issued since 1978 are good for the author’s life plus 70 years, and those issued before 1978 are good for 75 years and are renewable. The Library of Congress contains more information on length of copyrights.

Public affairs professionals and other government employees can’t copyright what they do for the government.

The Fair Use Doctrine legally allows portions of copyrighted work to be used without permission in certain instances. These exceptions are:

• Criticism: In reviewing books, television programs, movies and music, portions of the work may be repeated in the review. However, the portions used cannot give away resolution of major plots.

• Comment: In commentaries, you may use portions of other works to make or refute a point.

• News reporting: At times, a book, television program, movie or song becomes a news item. Relevant portions of the work may be used to support the article.

• Teaching: Teachers may use portions of other people’s work in their instruction.

• Scholarship: This means documents such as term papers, theses and dissertations. Remember to use footnotes and bibliographies.

• Research: This includes documents such as research papers, magazine/journal articles and books produced outside of an academic requirement. Remember to use footnotes and bibliographies.

If you have any doubt about copyright or fair use, you should err on the side of caution and receive permission from the copyright owner prior to use. More information and an example template to request copyright permission can be found in SECNAVINST 5870.4A Copyright.

This information is also covered in the Associated Press Stylebook and Briefing on Media Law.